96-22073 RESO
RESOLUTION NO.
96-22073
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, SETTING A
PUBLIC HEARING TO APPROVE THE DETERMINATION OF
THE PLANNING AND ZONING DIRECTOR REGARDING THE
DEVELOPMENT REGULATIONS APPLICABLE TO THE BASS
MUSEUM OF ART SITE AND TO CONSIDER THE WAIVING
OF CERTAIN DEVELOPMENT REGULATIONS PURSUANT TO
SECTION 6-12 (B) (4) OF THE ZONING ORDINANCE
PERTAINING TO FRONT YARD SETBACKS, NORTH SIDE
YARD SETBACKS, PARKING SPACES, AND HEIGHT OF
FENCE/WALL IN ORDER TO CONSTRUCT A TWO STORY
ADDITION TO THE EXISTING BASS MUSEUM OF ART.
WHEREAS, the proposed Bass Museum of Art expansion project
("Project") has received all necessary approvals from the required
City Boards; and
WHEREAS, in order for the first phase of the Project to
proceed, it is necessary to waive certain development regulations
pertaining to front yard setbacks, north side yard setbacks,
parking spaces, and height of fence/wall; and
WHEREAS, pursuant to Miami Beach Zoning Ordinance No. 89-2665,
Subsection
6-12B,
the
City Commission must
approve
the
determination of the Planning and Zoning Director regarding the
development regulations applicable to a site; and
WHEREAS, pursuant to Miami Beach Zoning Ordinance No. 89-2665,
Subsection 6-12B, the City Commission may waive certain development
regulations pertaining to a site by a five-sevenths (5/7) vote
following a noticed public hearing.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that a public
hearing to approve the determination of the Planning and Zoning
Director regarding the development regulations applicable to the
Bass Museum of Art site and to consider waiving the development
regulations pertaining to front yard setbacks, north side yard
setbacks, parking spaces, and height of fence/wall pursuant to
Section 6-12 (B) (4) of the Zoning Ordinance in order to construct
a two story addition to the existing Bass Museum of Art, is hereby
scheduled on Wednesday, September 11, 1996 at 5:01 p.m. in the City
Commission Chambers at 1700 Convention Center Drive, 3rd Floor,
Miami Beach, Florida, and the City Clerk is hereby authorized and
directed to publish and distribute the appropriate public notice of
said public hearing at which time and place all interested parties
will be heard.
PASSED and ADOPTED this 17th day of
July
, 1996.
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CITY OF
MIAMI
BEACH
CITY HALL 1700 CONVENTION CENTER DRIVE MIAMI BEACH FLORIDA 33139
COMMISSION MEMORANDUM NO. ~
TO:
Mayor Seymour Gelber and
Members of the City Commission
DATE:
July 17, 1996
FROM:
Jose Garcia-Pedrosa
City Manager
SUBJECT:
Request for th ity Commission to Set a Public Hearing to Affirm the
Development Regulations Pertaining to the Bass Museum of Art Site and Waive
Certain Development Regulations Pursuant to Section 6-12,B.4 of the Zoning
Ordinance, in Order to Construct a Two Story Addition to the Existing Bass
Museum of Art
RECOMMENDATION
The Administration recommends that the City Commission set a public hearing for September 11, 1996, to
affirm the development regulations which pertain to the Bass Museum of Art site and to waive certain of
these development regulations of the Zoning Ordinance regarding setbacks, parking and height of fences for
the proposed two-story addition to the existing Bass Museum of Art.
BACKGROUND
The project has already received the following approvals from the respective Boards.
a. Certificate of Appropriateness for Design Review Approval from the Joint Design
ReviewIHistoric Preservation Board was granted on February 6, 1996.
b. A Certificate of Appropriateness for Demolition from the Historic Preservation Board was
granted on February 8, 1996.
The project consists of the construction of a two (2) level addition (40' to the top of the roof and 50' to the
highest architectural projection) to the west side of the existing two (2) story Bass Museum. This project
represents the first phase of a two (2) part expansion plan and shall also include the demolition of the west
wing addition of the existing building, as well as partial interior demolition.
The Administration is requesting that the City Commission affirm the Planning and Zoning Director's
determination that the site should be reviewed under the development regulations of the RM-2 District of
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AGENDA ITEM~
i-O-CZ (,
DATE
the Zoning Ordinance and waive all pertinent development regulations regarding setbacks, parking and the
height offence/walls, pursuant to Section 6-12,BA of the Zoning Ordinance which reads, in part:
"Following a public hearing, the Development Regulations required by this Ordinance,
except for the Historic Preservation and Design Review processes, may be waived by a five-
sevenths (5/7) vote ofthe City Commission for Developments pertaining to Governmental
owned or leased Buildings, Uses and sites which are wholly used by, open and accessible
to the general public, and for Convention Center Hotels and Convention Center Hotel
Accessory Garages and City utilized parking lots, provided they are continually used for
such purposes."...
A public hearing on such a waiver requires that a 15 day notice be given and that the notice be posted on the
property, advertised in a newspaper of general circulation and mailed to all property owners within 375 feet.
ANALYSIS
The analysis that follows is based on plans submitted by Arata Isozaki & Associates and sealed by Michael
Kerwin on February 26, 1996. We have been advised by the architect that some minor modifications to the
plans are to be expected in the next few weeks as the drawings are further refined. The Planning, Design and
Historic Preservation Division will review the revised plans prior to the public hearing. If these
modifications slightly alter the requested waivers of development regulations, the noticing and advertisement
for the September meeting will be accordingly revised.
Because the project has already received all necessary approvals from the required Boards, the general design
and scope of the project has been thoroughly reviewed.
The Planning and Zoning Director has determined that the development of this project should follow the
development regulations of the RM-2 district; this determination needs to be affirmed by the City
Commission. However, in order for the development of the project to proceed, it is necessary to waive the
following development regulations:
1. Setbacks
The minimum required front yard setback in the RM-2 District is twenty (20') feet. The two story
museum addition is proposed to be located ten (10') feet from west property line along Park Avenue.
A waiver of ten (10') feet is required.
2. Setbacks
The minimum required north side yard setback facing a street is thirty-two (32') feet. The two story
museum addition is proposed to be located thirty (30') feet from north side property line facing 22nd
Street. A waiver of two (2') is required.
3. Parking
The Zoning Ordinance does not specifically list the parking requirement for a museum. The
Ordinance states that the parking space requirement for a use not specifically listed shall be the same
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as for a listed use which generates a similar level of parking demand. A museum gallery generates
a parking demand similar to a commercial art gallery space. An art gallery is regarded as a retail
use and would require one parking space for every 300 square feet of floor area. The Bass Museum
gallery space should also have a parking space requirement of one per 300 square feet of floor area.
All other areas, such as the museum store, curatorial offices and conservation offices, have a parking
requirement as listed in Section 7 of the Zoning Ordinance.
According to the floor plans prepared by Arata Isozaki & Associates and sealed by Michael Kerwin
on February 26, 1996, the proposed addition contains the following areas:
Area Square Feet Required Parking Spaces
LobbyfExhibition 2,667 9
Museum Shop 821 3
CuratorialfEducation 588 1.5
Gallery 7,109 24
Conservation Lab 600 1.5
Total 39
The existing structure has no parking requirements since it lies within the Museum local Historic
Preservation District. Accordingly the remaining parking spaces on the site may be applied to
satisfy the parking requirement of the new construction. According to the plans submitted there are
17 parking spaces on the site. Subtracting these existing spaces from the 39 spaces required results
in a shortfall of22 spaces. Therefore a waiver of22 required spaces is necessary.
4. Height of FencelWall
The maximum permitted fence/wall height, within a required yard, is seven (7') feet. The proposed
site plan indicates a fifteen (15') feet high wall extending outward from the building to within six
(6') feet of the north property line. A waiver of eight (8') feet for the height of the wall is required.
CONCLUSION
The Administration has concluded that the City Commission should proceed to set a public hearing for
September 11, 1996, to affirm the development regulations pertaining to the Bass Museum of Art site and
to waive certain development regulations pursuant to Section 6-12,B.4 of the Zoning Ordinance for the
construction of a two story addition to the existing Bass Museum of Art.
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